(1.) Some disputes arose between the petitioner and the respondents which were referred to Brig.T.K.Mittal appointed as sole arbitrator. The learned Arbitrator entered upon reference. After receiving the claims and counter-claims of the parties and adjudicated upon the same he made and published his award dated 18/11/1999. The petitioner, thereafter, filed application under Sections 14 and 17 of the Arbitration Act, 1940 (for short 'Act') for making the aforesaid award as rule of the court which was registered as Suit No.2833 of 1999 and the arbitrator was directed to file the award. On arbitrator's filing the award, notice thereof was issued to both the parties. The respondents filed objections to this award under Section 30 and 33 of the Act which are registered as IA No.8909/2000.
(2.) Mr.Sameer Aggarwal, learned counsel appearing for the respondents pressed objections in respect of the award on claims No. 2,4, 5, 8, 12 and 14.
(3.) In so far as claim No.2 is concerned, this claim was made by the petitioner on account of losses/damages caused due to non-handing over of the sites in dust free condition as technically required and due to delay in completion of the building by the other agency. The arbitrator has awarded this claim to the extent of Rs.2 lacs holding that non-handing over of unencumbered sites is established, and therefore, the petitioner is entitled to compensation. It is further stated that the contention of the respondents to the effect that Clause 11(C) forbids any compensation is not correct as that is applicable to reasons covered by Clauses 11(A) & (B). Learned counsel for the respondents submitted that by awarding the aforesaid claim, the arbitrator has acted contrary to the provisions of Clause 11 (C) inasmuch as the site was not handed over due to the fact that other agency was constructing the building, and therefore, delay was in completion of the building. This is admitted by the petitioner himself and the claim is founded on this basis. In these circumstances, it was the submission of learned counsel for the respondents, that Clause ll(A)(vi) gets attracted which reads as under: